Understanding Employment Discrimination
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With the economy how it is, more and more people are currently searching for jobs. This increased competition for available jobs means employers are becoming pickier about who they hire. While there are certainly reasonable qualifications, such as education and experience, that can become increasingly stringent as more people apply for the job, there are also illegal criteria that you must be aware of.
Unfortunately, employment discrimination often runs unchecked. If you are reentering the job market, it may be your first time coming up against such difficulties. This is particularly true if you are an older worker who has lost a long-term job to the economy. According to the EEOC, the fastest growing area if hiring discrimination claims is age discrimination.
Under federal law (Title VII of the Civil Rights Act of 1964), employment discrimination on the basis of race, sex, religion, national origin, physical disability, or age is illegal. There may also be state or local discrimination laws that provide additional protection. However, there are a few exceptions to Title VII rules. When such characteristics are considered ?bona-fide occupational requirements,? or necessary in order to perform the job, discrimination is allowed. For example, directors casting for the role of a Cuban general are allowed to discriminate based on nationality.
When conducting an interview, interviewers must be careful not to ask questions that might hint at discrimination. Such questions have been cited in successful discrimination claims, yet they are still asked every day by untrained and inexperienced business owners and hiring managers. If you have been asked a question that hints at discrimination, and believe it to be the reason you were not hired for the position, contact an employment attorney right away.
Unfortunately, suspected employment discrimination is nearly impossible to prove if the employer does not state it as a reason for not extending an employment offer to the candidate. It is important to realize that just because you keep getting passed over for job openings, and happen to fall into one of the classes protected by Title VII, it does not necessarily mean that the company is acting in a discriminatory manner. Still, it is possible that these illegal factors are a contributing reason for your failure to gain employment even if potential employers don’t specifically say so. If a company establishes a pattern that indicates discriminatory behavior in hiring, then discrimination may be provable.
If you believe that you have been a victim of employment discrimination, what can you do about it? The Federal Civil Rights Act of 1991 gives you the right to file a lawsuit against the company, seeking financial compensation for having suffered illegal discrimination. The Federal Equal Opportunity Employment Commission, or EEOC, is responsible for enforcing the various laws that prohibit employment discrimination.
Employment discrimination laws are complex, and you often have a limited time (sometimes as short as 180 days) to file a lawsuit after experiencing employment discrimination. Although you can file a complaint with the EEOC by yourself, a skilled lawyer can help you navigate the red tape and get your case heard. If you’re not sure whether you have enough evidence that the discrimination occurred, an employment attorney can advise you on the strength of your case. It is also important to consider that most employers will be represented by attorneys; if you are involved in an employment discrimination case, you should strongly consider hiring an employment attorney.
Colin Daives writes general information articles about a number of legal topics that range from personal injury and civil rights to criminal law and DUI cases. Each state has different laws and every case is unique. His articles are not meant to be legal advice. To learn more or for assistance with your case in the state of Colorado, contact Denver employment lawyers or a Denver criminal attorney.